By Matthew Russell Lee, Patreon Song
BBC - Guardian UK - Honduras - The Source
SDNY COURTHOUSE, May 18 – Alexei Saab, charged with providing aid to Hezbollah, had a proceeding before U.S. District Court for the Southern District of New York Judge Gardephe on June 15, 2020. Inner City Press covered it, as it did another hearing on April 7, 2021, here and below.
On May 11 after days of deliberation the jury determined that Saab is not guilty on three of seven counts, guilty on three (false statements, conspiracy to commit marriage fraud and Receiving Military-Type Transing from a Foreign Terrorist Organization) and no decision on "Providing Material Support or Resources for an FTO." Verdict sheet here.
Then: "ORDER as to Alexei Saab. Any post-trial motions filed by the Defendant are due by May 25, 2022. The Government's opposition is due by June 1, 2022. Any reply from the Defendant is due by June 8, 2022. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/11/2022)."
Hours later, SDNY said Saab "was convicted of one count of receiving military-type training from a designated foreign terrorist organization, which carries a potential sentence of 10 years in prison; one count of conspiracy to commit marriage fraud, which carries a maximum sentence of five years in prison; and one count of making false statements, which carries a maximum sentence of five years in prison. SAAB was also acquitted of one count of conspiracy to provide material support to Hizballah, one count of citizenship application fraud, and one count of naturalization fraud."
That did not mention Count 2, on which no verdict was reached. On May 18 the US wrote to Judge Gardephe to request a "date for a retrial of the defendant on Count Two." They added they continue to evaluation including depending on "the Court's decision on the defendant's post trial motions pursuant to Rule 29 and/or 33 and will promptly update the Court if the Government determines that a trial date is unnecessary." Inner City Press will stay on the case(s).
On July 15, Saab's trial was set, for January 10, 2022: "ORDER as to Alexei Saab. Subject to COVID-19 protocols, trial is scheduled for January 10, 2022, at 9:30 a.m. in Courtroom 705 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York."
On March 11, a new date was announced: "ORDER as to Alexei Saab. The Court has received confirmation that a pandemic-approved courtroom will be available for the trial of this matter beginning on April 20, 2022."
And on April 20, Inner City Press covered it, live tweeted thread here and below.
On April 25, after putting out a song, here, Inner City Press covered continued jury selection - and a Daubert / expert hearing with FBI Special Agent Bomb Technician Brian Murtaugh on the stand, thread here and below.
On April 27, amid cross examination of the arrested FBI agent, a dispute about Hezbollah expert Levitt, who testified in the Kourani case. Inner City Press live tweeted here and below.
On April 28 Levitt was on the stand - and with the US case winding down, Saab's lawyer asked to have a subpoena signed for a defense case. Inner City Press live tweeted here and below.
On April 29 the government nearly wrapped up, with an immigration witness and another Levitt-like expert. Inner City Press live tweeted here and below.
On May 2, the evidence closed in less than a full day. The prosecutors won an order to see the report of Saab's expert. Meanwhile Saab's lawyer filed a motion to dismiss Count 8, targeting the testimony of Senior Immigration Officer Artak Taevsky and the statute of limitations. Threadette here and below
May 3 saw the closing arguments and jury instruction - but the deliberations start was put over to May 4. Thread here and below.
On May 4, a full day of jury deliberations without a result - but requests for transcripts and explanations of Count 5. Thread here and below.
On May 5, a second day of deliberations and still no verdict. The jury asked questions about venue, and with more resonance, about the need for unanimity on which theory of liability. Inner City Press live tweeted here and below.
On May 6, the jury asked more question than said by note at 4:45 pm that they had verdicts on five of seven counts, turning in an incomplete verdict form. Judge Gardephe looked it it but returned it without divulging its contents. Deliberations will resume Monday May 9 from 9:30 to 1 pm. Inner City Press live tweeted here and below
On May 9, the jury sent more notes, and Judge Gardephe read them the Allen charge, to resume May 10. Inner City Press live tweeted here and below.
On May 10, even after the Allen or "dynamite" charge, nothing changed. A full day of jury deliberations and nothing. Treadette here:
OK - in Hezbollah trial of Alexei Saab deliberation continues, Judge Gardephe won't add to Allen charge he gave yesterday.
On alert for verdict, aiming to live tweet, thread below
Right now, courtroom 318 is empty - but will keep checking in (while covering arraignment of Honduras ex-Prez Juan Orlando Hernandez, here)
The Void: now at 5 pm, Judge Gardephe summons jury & says again: I am sending you home, do not discuss the case, &do return tomorrow. Another full day of deliberation without verdicts, on at least two of the counts.
From May 9: The jury just sent another note. Judge Gardephe: I am not going to give the US-requested instruction about taking the 5 verdicts. The jury had sent another note. They want to view Exhibit 700K & 700T, both twice. And 1 copy of Exhibits 74, 75, 76, 77, 78, 79 & 80. [whew]
Audio is played for jury of Saab explaining how he would "re-ignite" his contact with Hezbollah. The other exhibits will be sent back in. Judge Gardephe: Ladies and gentlemen, please go back in and continue to deliberate. [Thread will continue]
Update of 11:25 am - Judge Gardephe is bringing the jury back in. But it's (just) another note: They want to hear again 700K and 700T, both two times. In one, Saab tells FBI he could re-activate with Hezbollah by contacting Bilal his friend from high school.
Update of 12:55 pm - Jury sends another note asking what do it if they can't reach a unanimous verdict on 1 or more counts due to "individual consciences or convictions." [Sound like deadline - Allen charge?] Judge Gardephe: I intend to instruct them before 1 pm
Assistant US Attorney: Given the reference to individual conscience, we would suggest a re-reading of the jury instruction about bias. Judge Gardephe reads to the lawyers, for comment, his version of the Allen charge.
Judge Gardephe calls in the jury, reads them the Allen charge - then releases them for the day. (One juror has a medical appointment at 2:30). They'll resume tomorrow and so will we
From May 6: 3d day deliberation - now 11:10 pm lawyers in 318 for 1st time today.
Judge Gardephe: The jury is asking for many exhibits (94, 95, 96, 700 series and 700T). Does the government know what these exhibits are?
AUSA: We will prepare them. [This could take a while]
Judge Gardephe has summoned the jurors into Courtroom 318, says We are going play you the 700 series, and we are distributing 700T [transcript].
Jurors are now being played audio of Alexei Saab being read his Miranda rights. Then he confesses to being asked to hide small weapons for Hezbollah in his house
In final audio clip played for the jurors Saab says "One mistake, that's it." Judge Gardephe says, that's the last one. Please continue to deliberate. Lawyers scatter, but remain close to courtroom for next note - or verdict?
Update of 4:59 pm: #HezbollahTrial lawyers are assembling in Courtroom 318.
Judge Gardephe: I have a note and an incomplete jury form... The note is that a juror had a medical appointment Monday. The incomplete verdict form indicates determination on 5 courts
Judge Gardephe: I intend to return the form to them and tell them to complete it on the other two counts. [He's not going to say what the determinations on the 5 courts are, it appears] Government asks for time.
AUSA: We think you should call the jury out and let them know that they can return the five verdicts. Saab's lawyer: We object. Judge Gardephe: I intend to let them go at 1 pm on Monday.
Judge Gardephe: My instructions were that they are to return verdicts on all 7 counts at once. They are inter-related. So I'm inclined to stick to my instructions.
Jury entering! Judge Gardephe: I am returning the incomplete verdict form to you. We will adjourn Monday at 1 pm and if no full verdict reached, continue on Tuesday. Adjourned
From May 5: OK - in #HezbollahTrial of Alexei Saab, 2d day deliberation - now 12:45 pm lawyers in 318 for 1st time today. Judge Gardephe took the bench after noon and said Jury wants testimony of Dr. Levitt (we've touched on his podcast) and a projector and to know if they have to agree on the "theory of liability." It would seem they are not close to a verdict at this point
Judge Gardephe has summoned the jurors in and begins by reading back to them their note. His answer(s) Judge: We are putting the transcripts together. Sorry, we don't have projectors. On theory of liability - yes, you have to be anonymous as at least 1 theory
Judge Gardephe asks the AUSA how long the transcripts will take, and says, We'll wait for their next note. So will we.
In #HezbollahTrial of US v. Alexei Saab, Judge Gardephe is back, saying the government presented three theories of liability for material support: principal, attempt and aiding-and-abetting. He says he is not comfortable with four jurors going with each theory...
HezbollahTrial jury sent a note about venue. (A question which also arose just now in EDNY press conference about extradition of and case against Colombia nargo Otoniel). Judge Gardephe is reading them his answer. Then reads lawyers 2 Cir re theories of liability
Judge Gardephe (for 2d day in a row in #HezbollahTrial deliberations) - Ladies and gentlemen it is now 5 o'clock so we will sent you home and see you tomorrow [for a third day of deliberation].
From May 4: The Saab jury has sent a note for transcripts. Judge Gardephe: We'll send them in with highlighers and PostIt Notes "at no extra charge." [Laughter] Assistant US Attorney: We have been pre-redacting the transcript. [Still this will take time - no verdict soon.]
Update of 12:19 pm - Saab jurors have asked for more transcripts. AUSA says they're working as fast as they can. now Judge Gardephe has another note from the jury.
Judge Gardephe: They ask about Count 5, citizenship application fraud. We have some smart people on the jury. [Also, they may be getting close]
AUSA: We're printing the transcripts. Judge Gardephe: 250 pages? I'll explain to them the delay. We'll say we're assuming you still want 12 copies. If for some reason you don't... AUSA: Just refer them back to the elements on Page 43.
Judge Gardephe: That's what I'm inclined to do. Thank you.
On Saab, Judge Gardephe has just summoned back to courtroom 318 the lawyers (including one who was at Saipov West Side HIghway van killing proceeding, here).
